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  1. Hi all, I have received a form N244A notice of hearing of application today for a hearing scheduled for 20 Oct 17. This is in relation to a Tomlin Order that i had been paying monthly since april 15. In may this year i was signed off from work due to ill health and only receive statutory sick pay at approx £400 per month. (i am still off work) I contacted all my creditors and informed them and all were happy with token payments (TPP set up via stepchange) I contacted pestons to tell them and offered them a reduced payment of £20 per month until i was back in work when i would continue with the agreed 200 a month. They wanted bank statements, employers letters, GP letters and various other bits of paper. i didn't supply them with any of it - they already have too much info on me in my opinion. This is the reason for the N244A arriving today. Can i apply to the court for a variation at this stage or have i missed the boat on that one? If so do i need to do anything or wait until the imminent CCJ is served on me? Any advice will be greatly appreciated.
  2. Hi All, I have an action by Arrow Global ( debt purchasers from HSBC) claiming £8234.93 Date of service 5th June Date of expiry of period of notice 27th June 2017 I intend to defend the action and I have a few questions. 1. If I make a request for all the documents and information that Arrow Global are required by the CCA 1974 to hold and they do not supply it all within the required time ( is it 12 days?) could I get the action dismissed on the 27th? ( My understanding is that if I do not respond at all the case can be found against me on 27th) On the CONDESCENDENCE they state 1. Asserts jurisdiction 2.Asserts their right to the money via debt purchasing agreement with HSBC 3.States agreement between HSBC and myself under the CCA 1974 4.Asserts defender failed to pay. Any advice at all would be most welcome. Kind Regards B.Man
  3. Hello- background: debt dates to 2005 with a pre-approved credit card, the limit being increased and increased unasked unti 2008 when BAM! Then i set up a debt management plan with the CCCS, and paid into that until feb 2012 and not a penny since. A couple of weeks ago i got a phishing letter from wescot addressed to me at this address asking if the address was correct and saying if they didn't hear back they'd assume it was, no detail as to what it was for. I didn't reply. Today, letter from wescot saying they have been instructed by their client arrow global ltd-egg, to make contact with me to discuss the outstanding balance (£19,900) and telling me it is essential to contact them within the next 10 days to prevent further action. Now... what do you advise here? how likely are they to produce a CCA after so long? It's months away from being statute barred.. should i ignore it? I haven't heard anything for the last 3 years, i *think* they must have been given new address by old landlord getting sick of them constantly writing there. They don't have any certainty of my current address, are they likely to push for a CCJ under these circumstances? Advice gratefully received!
  4. Hi Received a claim form from Restons Solicitors last week regarding a personal loan debt of £10k bought by Arrow Global. This was the first notification we had since letters were going to an old address. Stepchange have advised to fill in the income and expenditure on the admission form and pay £1 per month until our circumstances change and we are able to repay in full. We have no experience with this sort of thing and are unsure of what is the best course of action. Many Thanks
  5. Hi, I'm hoping someone can advise me on the above. I received a letter from Shoosmiths LLP Solicitors yesterday stating that they are acting on behalf of their client etc. and intend to take County Court Enforcement action within 7 days if no response. There is a CCJ of £12,703.99 outstanding that was judged on the 24/10/2014 which I've been unable to pay due to various circumstances. Not to give the impression of a sad story but a poor set of choices lead to a path of divorce, court battles, working two jobs, overdosing children etc etc. leading to suffering from depression and anxiety and have been on meds for some years - like many others out there, and like many others I haven't dealt with issues very well. I'm not objecting to the debt but I'm not sure how to go about responding to this. Can anyone advise me please? Some help would be greatly appreciated which I will gladly reciprocate on any part of my knowledge and experience. Spannerboy
  6. Playing letter ping pong with Restons regarding an alleged debt from Arrow Global Brief timeline Beginning of June received the usual threatening letter, asking for a breakdown of income and possible discount if I settle early blah blah blah Sent a reply within a few days later using a Pre Action Court Protocol letter I had found on the another forum Got a standard template (seen similar letters uploaded on forums) reply back from them stating they did not agree with most of my points and I had already received all the requested documents over the lifetime of the account so I should check my own personal records. I then sent them a reply back stating... Further to your letter dated xxxx. I would highlight the fact that I do not accept that this debt is owed by myself to you or your client and this was clearly stated in my previous correspondence. Also the information I initially requested under the County Courts Pre Action Conduct has still not been forwarded to me. You may believe whatever you wish, but the law does not stand for interpretation or opinion, and must be complied with. The Civil Procedure Rules are there to be abided by, not flouted or ignored, and as the alleged purchaser of any alleged debt, you must, by law, be provided with all the paperwork necessary to prove ownership and legal rights to pursue any repayment, and this includes the Original Agreement and the Deed of Assignment. Both of which you will be required to produce in court to substantiate any county court claim. I therefore require you to cease and desist any further attempts to misquote or ignore the law, and to either provide me with the required documents as per my aforementioned letter, or stop threatening me with legal action, which is not only in breach of CPRPAC, but also FCA regulations, to wit: 7.3.18: A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford. If you continue to harass me or threaten legal action without following the correct legal procedures, I will have no choice but to report you to the FOS, FCA for their records, the Courts and the ICO for processing my data without proof of the legal right to do so and finally, I may take legal action against you for harassment, under the Protection From Harassment Act 1997. Got a replay from them today stating their position remains the same regarding the requested documentation and I should fill in the expenditure forms before X date or they will take legal action. What’s my next steps? In the process of sending a SAR to the Arrow Global (been busy traveling with work so not got round to it yet) BTW this alleged debt is for my wife and they are still using her maiden name in all correspondence (been married 11 years), even though we have replied using her correct surname.
  7. Hi Guys, Just checking something out and was looking for clarification. On my Equifax report, it states that an overdraft I had with HBOS. First late date payment was July 2011, then subsequent months late and then shows as defaulted in January 2012. I'm assuming as it shows, this means no payment since June 2011. The debt appears to have then been sold to Arrow Global as they have listed the default on Equifax in January 2012. I have never once communicated with Arrow Global on this. I obviously haven't made any payments to HBOS regarding this. Today I received a letter from shoosmiths asking for payment or even a partial payment to clear the entire amount in full and final settlement. It looks like to me they are clutching at straws and this will become statute barred as of June 2017. Can you confirm if I am correct? Thanks
  8. Hello, Any advice would be greatly appreciated on this matter. As a younger man I got myself into a myriad of debt issues. This resulted in a debt management plan via Payplan being instructed when things got out of hand. This ran for about 5 years but ended in 2013 when I got severely ill and let all my finances collapse. I'm now better and trying to rebuild things but it seems every now and then I get a chancer trying to chase an old debt that may not have been fully paid by the time debt management plan fell apart. One company also has managed to get a charge on my house already by filing court paperwork at an old address which I never saw until it was too late. Now I have a claim from Arrow Global about a £700 debt to HSBC that I really know nothing about. I have contacted Payplan to see if was part of my debt management plan with them and they say they have no record of a HSBC debt. I certainly haven't taken any credit out since 2013. They court papers are dated 8th May - I got an Acknowledgement out to them but now am considering my defense. I was thinking of asking for proof of the debt - the original signed credit agreement for one thing - but is this something I need to do direct with Arrow or through my court defense? Any tips would be appreciated, as I said, I have read through similar claims on the forum which talk about submitting AOS's etc but this makes no sense to me. Unfortunately, time is ticking - I only have a week to get a defense in... Thank you for reading. J
  9. Hi, Could I ask for some advice on how we should handle the following situation, that has recently cropped up. This problem started we believe way back in 2011, we went to the car phone warehouse to change a telephone that we had on contract with Orange. We were told that since Orange no longer supplied mobile phone services the mobile would be registered with EE the new Orange provider. We changed the telephone over and the assistant at car phone warehouse confirmed with Orange/EE that the old contract was now cancelled. Then some months later Orange sent us a bill for 3 months connection charges for the old telephone, we spoke to Orange a few times by telephone and they finally agreed to sort the account out and remove the charge since we no longer had that telephone. We then moved address, although both me and my partner still had EE phones so EE had full information of all of the addresses we had occupied. Now in 2017 my partner attempted to get a small item on credit and were shocked to find out that she had some sort of issue on her credit file, when we look at her credit record on a free credit database service, we were shocked to see that Orange had somehow and for some reason registered a debt of £125 against my partner causing issues on getting credit. we may need to get a small mortgage soon so we were really concerned about this. we have called EE and they quickly passed us over to Orange (although they are supposed to be the same company we thought) The Orange contact we were given was an email only service. The initial response we got back from them once we had highlighted it was that they could not find anything on their system to do with our account. Also EE had said they could not see anything in their records pertaining to this debt. We emailed Orange a second time and told them to look harder since it appeared that Clear score had something registered against my partner for, a mobile phone issue. after taking her d.o.b etc they looked again and this time they found something but could not be specific about when it occurred? At first they telephoned my partner and said said the issue occurred in 2011, at an address which we did live at in 2011, then when she advised them that we did not owe the money since it was from an old mobile that had been transferred by them to EE, and that the debt should have expired anyway since it was 6 years ago. The person at Orange then emailed her to inform her that the issue occurred in 2014 (he had appeared to change his mind?) but that the address it occurred at was the old address (we did not reside at this address in 2014). they advised us that they could do nothing about the issue and that we would have to speak to EE customer service, we again spoke to EE customer service who again told us they could do nothing since it was with Orange Credit team ?? We emailed the Orange credit team yet again and they said that the debt had been passed to a DCA, and asked us if we had received any letters from said DCA (Arrow Global Limited). We advised EE that we were extremely disappointed and that we want them to escalate it, we have heard nothing yet and now we are considering what actions to take moving forward. We have not communicated with the DCA since we have no contract with them and don't want to put ourselves in any situation that means we are in contract with them. Could anyone give us some advice on how we could/should proceed with this. Any help would be appreciated. Many Thanks, John.
  10. Hi, long time no post. asfaiwa my finances were now in a good place. I got a massive shock when I did a credit check on Experian two days ago to discover that a debt originally defaulted by Monument back in 2006 was now showing as a default to Arrow Global. This case was dealt with by the court around 2006 who agreed a payment of £1 a month to Arrow Global who had purchased the debt from Monument, and I set up a standing order for £1 a month. I was also paying £10 a month to Arrow Global for an RBS debt. In July 2015 the £10 a month payments stopped as the RBS debt was paid off. I can find no records of any £1 standing order payments to Arrow Global for the Monument debt since 2010 (as far back as my bank records go.) In November 2015 standing order payments for £1 a month started to Capquest, who had apparently bought the debt from Arrow. The first one was £5, (coincidentally 5 months after July 2015 ie 5 x £1 payments), going down to £1 a month after that. Arrow say they never stopped receiving £1 a month payment from me and that I had been paying by order book. I have no recollection of this at all and have no order book with them, nor any memory of cancelling the standing order to Arrow for £1 a month set up years ago, and no memory of setting up a payment with Capquest for £1 month in November 2015. Arrow then informed me that when they sold the debt to Capquest, I defaulted, and the default date on my credit report dates back to November 2015, long after the original default date with Monument. I didn't understand what was going on (I still don’t) and asked if there was any way the default could be removed. Their representative told me it was against the law for them to remove defaulted entries from CRAs. But the default shouldn't be on there in the first place, should it? It is my understanding that defaults should date only to the date of the default with the original creditor. Is this correct? Now, thinking that the Monument debt had been well and truly dealt with I (mistakenly, shoot me now ) chucked out all my correspondence with Monument a few months ago during a filing session. Ditto Arrow Global and Capquest. (yes I'm an idiot. ) I then rang Capquest who confirmed they started receiving £1 a month from me in November 2015. So why the default? Because, they said, I'd defaulted when they bought the debt from Arrow. Taking them at their word I asked for them to suggest a settlement figure and they took a list of all my incomings and outgoings and said they'd pass on my details back to Arrow for them to see if my settlement figure was acceptable. I suggested £500 on a £2,300 original debt. But once I got off the phone my husband said to me that something was fishy about all this, and that's when after discussing it we realised that the default shouldn't even be showing on my credit file. Both Arrow Global and Capquest were insistent that I'd defaulted when the debt was transferred from Arrow to Capquest. So what do I do? This has caused me untold stress and completely ruined my otherwise squeaky clean credit record. Gutted.
  11. Hi all, Was just going to complete the defence myself as I didn't want to trouble you all with (what I believe is a pretty simple defence), but hopefully this can help others, who are in a similar situation. This morning (dated 6th June) received a claim form, details below: Name of the Claimant: Arrow Global (Drydens Solicitors) Date of issue – 6/6/17 What is the claim for – the reason they have issued the claim? 1. The claim is for the sum of CA £7.5K in respect of monies owing by the defendant on a credit agreement held ny the defendant with MBNA under account number **************** upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from MBNA to the claiment, and the defendant has been notified of the assignment by letter. Contact Drysdens Solicitors on ...... What is the value of the claim? CA 7.5K Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, after SB date had passed Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulties What was the date of your last payment? End February 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No offered £1 per month untilI was in a better financial position but was ignored so ignore them and their letters. I'm assuming this is a pretty simple statute barred defence, the last payment was Feb 2011, so first cause of action would have been end March 2011. Looking at my credit report it says in June 2011 payment was up to 5 months late.. (5BB), defaulted in August 2011. Is there any point me filling in the AOS for an extra 14 days, seems I'm just giving these leeches extra time. Just to be clear my defence will be: 1 The Claimant's claim was issued on 06/06/2017. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £7500 (approx) or any other sum, or relief of any kind is denied. Hope I've covered it all. Main question was do I really need to AOS to give them extra time? Thanks for all the help, both now and in the past. Just a quick note, it's odd they are not claiming interest. Not seen this before, just £410 court fee and £100 solicitors costs. Does that mean they've already paid £410 to issue the claim..?
  12. Name of the Claimant - Arrow Global Limited Date of issue –* 05 Sept 2016 What is the claim for – 1.The Claimant claims payment of the overdue balance from the Defendant (s) under a contract between the defendant(s) and Marks and spencer Financial Services PLC dates on or about Mar 20th 2004 and assigned to the Claimant on Oct 08 2013 What is the value of the claim £2900 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?* credit Card When did you enter into the original agreement before or after 2007? Before 2004 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes can't recall when... Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Maybe! Why did you cease payments? 2003/4 What was the date of your last payment? 2003/4 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, explained that I was made redundant, I called them and they didn't care so I ignore them! Hi All, I received a letter last week ( Claim Form on the 8th of Sept) from the COUNTY COURT BUSINESS CENTRE. And am looking for some help, I've not responded yet but know that its urgent that I do.. . I've been looking at the other threads but it all a too much to try, I'm hoping to get some advice as to see if I can defend this, any help or next course of actions would be most helpful... a little background, I was made redundant and had no money, simple as, stop paying, when some cash came in a few years back I recall sending an offer which was refused, can't remember when, can't really track it either, it would've been most likely 2 years ago.. Is there any chance that I can get this status barred or thrown out of court which would result in me negotiation with Arrow? Wishing you all the very best and thanks for reading...
  13. Hi again, I hope this is in the right forum but I need some advice on what to do with this letter that I received today from Restons. The letter is dated Thursday July 27, 2017 and it arrived this morning (August 5th) It concerns an overdraft and it says that the client is prepared to consider repayment of the balance by instalments. It also states that Arrow has referred the account to Restons for legal action and says it means we are instructed to issue court proceedings against you. They have sent along an income and expenditure form and have asked me to return it to them no later than Thursday August 3rd! I don't really want to call these people up but it concerns me that they can send a letter and ask me to send something back to them before the date that I received the letter in the post. It makes me think its some underhand tactic to issue court proceedings before I have a chance to respond. In the absence of time travel, what are my best options to deal with this?
  14. Hi I received a claim form last year with regard to an apparent arrow global debt I owe. The debt was bought from a halifax credit card. I did a CCA and CPR request to them straight away. There was then a stay on proceedings while they got the relevant documentation together. They have now submitted a notice of application to get the stay lifted and for summary judgement to be made against me. However they do not appear to attached terms and conditions to the credit agreement, just something entitled 'Key Financial Information'. Please see attached document. They have also not supplied a copy of the default notice, just a computer database entry of it. I am going to base a defence on the fact they have not complied with the CCA request, due to the missing terms and conditions. So have not complied with section 78 of the CCA. Also that they have not supplied a copy of the default notice, therefor cannot prove that a compliant default notice has been served, pursuant to sections 87 and 88 of the CCA. Please could you have a look at the three attachments and let me know what you think. credit agreement, terms and conditions(supposed), and default notice database entry. Thanks CCA return.pdf
  15. hi, I have an old dept for a loan taken out for a repair on a house that was in a joint mortgage but was repossessed over 8 years ago poss longer. the loan is for £8000 arrow have brought the debt and are throwing every thing plus the kitchen sink . I have now been sent court paper work and I'm not sure if its a legal form it has a claim no. I'm not sure if it has a legal stamp mark, the court office is Northampton but the stamp is just marked "the county court" and does not seem to be a separate stamp just the same ink as the letter. the last payment I made was paid on aug 16. I am living with my partner now and we are struggling with the usual bills plus being behind on the mortgage as she was left with a lot of debt when her husband left her. I just have no idea what to do now
  16. nowlo everyone, I was hoping you'd be able to give me some advice on my current situation. I really want to keep on top of things. Total debt as follows: EDF Electric £200.04 Southern Water £57.22 Veolia Water £52.86 Priority Debt Total £310.12 Natwest Loan £2,505.78 Natwest Credit Card £1,686.25 Natwest Overdraft £500.00 Vanquis Credit Card £2,181.18 Orange Mobile £69.86 Orange Broadband £23.87 Creditor Debt Total £6,966.94 Total Debt £7,277.06 In July I was made redundant, along with everyone where I worked. previous to this I'd struggled with illness since summer the previous year, and had varying periods of time off work. Within this time I fell behind on repayments. I tried to speak to my creditors at this time, but they were having none of it. I contacted them again upon becoming redundant. I was behind on utilities, and used the little redundancy money I received (£600 goodwill payment) to bring them up to date. I still have £200 left on electric, but all the rest are sorted. I contacted CCCS for advice. After this I called my creditors to come to some arrangement while I'm looking for new employment. One creditor is Natwest, for my credit card, or shall I say Triton debt management. At the time I was awaiting confirmation of JSA, housing benefit etc and had no income. They accepted a monthly £1 token payment. End of last month they constantly kept calling me, I answered to shut them up. They told me the first agreement wasn't valid as I had no income and therefore it shouldn't of been made. Said the person that called me was 'new' (like that's MY problem) . I was forced into doing an income/expenditure there and then. Somehow they figured I could afford £7.99 a month . I couldn't, but felt really forced. I agreed. Since then I did a proper inc/exp for myself, and down to bear minimums for outgoings I'm still -£8.99 minus a month. I wrote a letter, which I sent recorded with an enclosed copy of my inc/exp saying I cannot afford the repayment agreed, and as of 5th Sept I will be making a £1 token payment, via postal order for the next 3 months (on 5th of every month), when I will review my financial situation (and could freeze interest). I also did the same for my other creditor, Vanquis, or rather Impact collections. Swhat I'd like to know is, was this right thing to do? What are the chances of them freezing my interest? Vanquis had my debit card details on file and tried to apply for the £10 I agreed previously from my bank. It bounced, as I had no funds . They would have received my letter a long time before that payment was applied for. I'm worried they can keep applying for this amount. How can I stop them? What rights do I now have? Can they take me to court? I'm using my PPI for the Natwest loan. So that's covered. Any help appreciated. Further to what I mentioned above... I have struggled for years with health problems, but especially since 2007. I've fought back repeatedly. My job before last I lost because of my health, I tried so very hard to keep it, but in the end they let me go. It was heartbreaking. Thus, in this period I got into arrears with my creditors. It took me a whole year (this was during the recession) of applying for hundreds of jobs to finally get a new one. I got my repayments to creditors back on track and things were going fairly well. Then mid-last year my health once again worsened. I can't even explain the absolute hell I had to go through with GPs/NHS just to get referred for treatment. I sat through work in agony day after day, through tears sometimes. Then to make matters worse, I slipped on ice walking home from work a week before Christmas last year. My then partner fell on top of me . I tore just about every ligament in and around my knee area. Once again I had to fight for treatment, admins 'lost' my appointments and all sorts of total rubbish. Now my leg gives way constantly, as there is nothing holding it together. I'm on a waiting list for surgery, it's almost a year come this December since I had the accident. This has left me battling the existing illness(es) plus a cruddy knee that constantly gives out and hurts. Subsequently I started to miss a lot of work, and got further into debt. Then in June the company I worked for felt the strain of the competition in the industry they were in, and decided to effectively 'can' the business, making myself and all the other 3 employees redundant (including my partner, whom I worked with). At the same time my partner of two years left me (in fact I found out he'd cheated on me). I did my crying, then dusted myself off and 'got on with it'... now around to present day. I've applied for countless jobs. Had eight interviews, three with same company, two with another. The feedback is always positive, they like me, but I'm never quite what they want/need. Then there's the ever head-banging responses to applications of 'over-qualified' or 'under-qualified'. I'm stuck in some weird limbo! I've got to the point where I have to take stock of my whole life and think what I need to do realistically. I have the following debt: EDF Electric £200.04 Southern Water £57.22 Veolia Water £52.86 Natwest Loan £2,505.78 Natwest Credit Card £1,686.25 Natwest Overdraft £500.00 Vanquis Credit Card £2,181.18 Orange Mobile £69.86 Orange Broadband £23.87 Total Debt £7,277.06 I have set-up token payments to creditors and payment arrangements with priority debts. I'm in receipt of JSA, housing/council tax benefit. I've been selling anything not nailed down and looking for any ways to make extra cash. My minimum outgoings for living are £830. This doesn't include travel, hairdressing or entertainment. This is the bear bones living costs. I've tried to cut down on everything possible. My groceries/household stuff is down to £90 a month (and trying to reduce further) . I've swapped electric/gas to lower cost dual fuel with another company. The only area that I could possibly cut in the future is my mobile/broadband . I have a deal with Orange for broadband (£10), line rental/inclusive anytime calls (£23) and £23 for my mobile. I'm contracted for my phone until at lest next April, so I can't get out of paying until then. I've tried to find somewhere cheaper to live (£450pcm at present), but being on the 'DSS' with a dog, regardless of gleaming references, I've had repeated nos. Plus, I have no deposit. So no saving to be made on housing. I'd have to get a job at minimum £17k annual to cover my bear living expenses, with little to nothing left for creditors with no prospect of that changing for what could be years, because of my health, if at all. It's quite apparent that finding work is no walk in the park right now either, so I'm going to have to take what I can get, no matter for how little. All I'd have to offer is a couple pounds to each creditor, while they refuse to stop adding interest, which is largely the reason my debt has escalated to such a high amount. The debt will increase, my credit score will get worse, I'll be getting more stressed, with no sign of being able to pay off my debt... after much thought I'm seriously wondering whether I should consider a DRO (Debt Relief Order) . It's hard for me to come to that conclusion, because I believe it's my responsibility to pay back what I owe. However, I can't see how I will be able to pay it back, my credit is already effected, and will continue to be even if I make token payments, right? given all the aforementioned would a DRO be best? What's the pros and cons? I'&d be so grateful for others thoughts. Hello, are you still there? Ha-ha! I'm so sorry this was so long. I'm just so worried. I've tried so hard to keep on top of things, it's heartbreaking to reach this point. I'm awake at 3 a.m. worrying for goodness sake!
  17. Synopsis Public Sector temporary employee suffered loss of income due to Sector restructure. Background Lloyds loan taken out November 2008 for £7.5k for 7 years. Failed to make repayments from January 2011. Default August 2011. The debt has been round the usual houses: SCM -> MHA -> Moorcroft-> Iqor-> Robinson Way->Horwich Farrelly->MacKenzie Hall->Arrow Global Ltd->Debt Managers-> Rockwell-> Moorcroft-> Westcot->Arrow Global Ltd/Restons. No communication entered into with any. Claim On 8th May 2017 Arrow Global Ltd issued N1 against me through Northampton. Particulars The Claimant claims payment of the ovedue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Nov xx 2008 and assigned to the Claimant on Nov xx 2013 Particulars a/c no – xxxxxxxxxxxx Date Item Value xx/03/2017 Default Balance xxxx.xx Post Refrl Cr NIL TOTAL xxxx.xx • 10th May 2017 AOS submitted • 12th May 2017 unsigned request pursuant to s.77 of CCA 1974 sent by recorded delivery including £1.00 postal order sent to Arrow Global Limited. • 24th May 2017 reply received (letter dated 22nd May 2017)…acknowledged request for documentation “We do not accept we are the creditor as envisaged by the above statute” (CCA1974). “However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents. Please find enclosed your £1.00 fee. Yours sincerely Arrow Global.” Am seeking most pertinent verbiage to defend above. Many thanks for all of your help R
  18. Hi, I normally offer advice on the tenancy forum, and so am a bit out of my depth here.. A bit of background.. In 2010 my wife and I opened a Joint Business account with HSBC, worked well for a couple of years until the business started to drop off, and so there was no money going in for the last 18 months other than WTC and Housing benefit... final overdraft (official was £600) was £702. I was in correspondence with HSBC and told them that the whole overdraft was due to charges and interest, and that I was suffering. Their response was to tell me that the charges were applied within their guidelines. Next thing in 2015 was a letter from Arrow global which I promptly replied to, telling them that I was in dispute with HSBC and that their implied right of access was denied so don't bother sending a rent a thug round. Nothing heard from them until a Restons fishing letter or 7 at the end of last year. These went promptly into file 13. Then on Jan 29th this year I received a court summons from Northampton in the post. I promptly sent off a CPR31.14 request to Restons (signed for by them on 7th Feb) asking for agreement/contract default notice (I have never received one of these nor the annual ones) assignment formal demand (not received one of these from HSBC either) I didn't sign the letter but printed my name, it had the court hearing claim number on and my address. Monday as I had not heard from them I sent off a completed N244 form, draft order for directions and a witness statement to the court, as these had to be in as I have not yet filed a defense as awaiting the above documents.. this was received by the court yesterday 24th Feb. Today I had a letter from Restons with my CPR 31.14 letter enclosed. the letter was dated 21st Feb, and said: Please find enclosed a draft letter which purports to come from you but is unsigned. you will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response. So obviously a delaying tactic, but how do I respond from here?. As far as I know they have not got a copy of my signature and I don't intend to provide them with one.. Any help will be appreciated.
  19. Thanks for the info. I have a letter from them about a 16k debt. They are threatening to repossess my house. Should I follow the instructions above in regards to a SARS and the CCA Request? Should I refrain from calling them? Thanks
  20. Hi there, I have received a few letters from Restons now regarding a credit card debt from 2012/13, passed to Arrow and now to them. I wont go into the particulars, but as I was unable to meet the balooning minimum payments and issues with work left me stressed worried and stupidly with my head in the sand. Now, finally back on my feet in the position to start saving for a house, Restons solicitors get in touch mentioning impending court action. Please help me avoid a CCJ! I have a CCA request with the £1 postal order ready to go to Arrow, just wondering what to do with restons - wait for the court papers? Many thanks in advance Name of the Claimant - Claim not yet received Date of issue - Not yet received What is the claim for – Not yet received (HSBC credit card) What is the value of the claim? Balance was 2,500+ Is the claim for - a credit card When did you enter into the original agreement before or after 2007? - after Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? - I cannot recall Did you receive a Default Notice from the original creditor? - I believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No Why did you cease payments? – 2012ish What was the date of your last payment? 2012ish Was there a dispute with the original creditor that remains unresolved? Not that I can recall Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Just to point out, I don't want to get out of what I owe, I do not have any documents around the credit card, the default not the transfer to Arrow - just what Restons have stated. Having researched this company and how they and arrow go about their business, I have an instant distrust for what they say, a disliking for how they go about their business and want to make sure I going about this in the best way I can. Thanks Again
  21. My Daughter has be hassled by Shoosmiths/ARC over an alleged debt with Egg, this started in March 2011 several DCA's have written and to each we have sent a S78 request, and had nothing returned other than a blank 'example' agreement. A couple of years ago Shoosmiths issued court papers to which I filed a defence on her behalf, pointing out that S78 had not been complied with and that a multitude of DCA's and solicitors had written a range of letters alleging debts but for a number of varying amounts. Shoosmiths responded by withdrawing the court application, out off the blue today we get a letter threatening an application for Summary Judgment, and wanting us to set up an agreement for repayment with them. My Daughter had a nervous breakdown several years ago 2007/8 and genuinely has no recollection of these debts and I have been managing them on her behalf, in may cases PPI has more than covered the debt but Shoosmiths have been particularly difficult to deal with and if this is a genuine debt then it will almost certainly have PPI attached to it, but apart from a bare minimum of information they have given me nothing to work with. I feel like calling their bluff, but the amount they are claiming is around £2k0 and if genuine is not a single debt but a number rolled into one, or has a significant amount of charges added. What would be my best course of action? Thanks in advance.
  22. Name of the Claimant ? Arrow Global Limited Date of issue – 13/07/2016 What is the claim for – 1.The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and HSBC dated on or about Jul 26 2003 and assigned to the Claimant on Feb 26 2013 PARTICULARS a/c no – xxxxxx/xxxxxxxx DATE ITEM VALUE 15/03/2016 Default Balance 3500.00 Post Refrl Cr NIL TOTAL 3500.00 What is the value of the claim? £3700 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft. However, according to Restons, HSBC consolidated a Credit Card into the Overdraft before they sold the debt on to Arrow Global. When did you enter into the original agreement before or after 2007? Before (2003) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned to Arrow Global who issued claim in July 2016 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? I can’t remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Ran out of money so stopped debt management plan What was the date of your last payment? June 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I was in a debt management plan from 2008 to 2014 Upon receiving the claim in July 2016, I submitted CPR and got a fairly unhelpful response, they said, “You would have been provided with a copy of the contractual Terms and Conditions at the time the overdraft facility was opened and hence we see no reason why you now require an additional copy.” I submitted my defence on time, which was as follows :- 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claim is denied with regards to any amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14. To date I have yet to receive the requested paperwork. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief; (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Restons have now responded with the following 2 letters in August and September. In the September letter, they mention that the amount claimed is an Overdraft consolidated with a Credit Card. However, the original claim was under the single Overdraft account number. Still no sign of any Contractual Terms and Conditions at the time the overdraft facility was opened. FD Aug 23.pdf FD Sep 20.pdf
  23. Any advice on what to do next is appreciated. Name of the Claimant ? Arrow Global Limited Date of issue – 23rd May 2017 What is the claim for – 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under contract between the Defendant(s) and NewDay Ltd dated on or about Nov 19 2012 and assigned to the Claimant on Oct 18 2016 What is the value of the claim? 3190 (excluding fees of £265) Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Arrow Global Were you aware the account had been assigned – did you receive a Notice of Assignment? 99% Sure I did Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? My rent payment nearly doubled and I could no longer afford to pay ☹ What was the date of your last payment? Jan 2015 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? no Thankyou Blakey
  24. Hello I see that there are a few new threads on here regarding county court papers filed by the DCA companies I have jus received one in the post today from Arrow global with regards to an old 02 account for £473.53 Date of default 8/10/2011 This account will be statute barred in Nov of this year I now have to defend it, so what would be my best response please This o2 debt has been passed around a couple of DCA in the past 5 years and 6 months Thank you
  25. Hello My ex wife has received a County Court Claim from Arrow Global. They seek over £14,000 for an HSBC Credit Card Debt that was defaulted in 2012 and purchased by Arrow Global in 2014. The pack has no supporting documents such as a copy of the original contract, statements etc. Their Stated Particulars of Claim (suitably Redacted) are as follows: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about DATE IN THE NINETIES and assigned to the claimant on DATE IN 2014 The account was defaulted in 2012 and is not Statutory barred and was last acknowledged in 2012 so the stat bar does not come into effect until 2018. The account was opened in the mid nineties so I think I am correct to say it comes under the older Consumer Credit Act so would expect a part of the defence to be that they must produce a copy of the contract and we can examine to see if it is valid. I am about to acknowledge service and get the additional 14 days so I will need to put a defence in on or around 4th September. I would be most grateful for any advice as to how to proceed with this defence. I imagine we are at the first instance looking for production of documents and supporting evidence. How do I ask or that as part of the defence. Many thanks.
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